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Litigation vs. City of Caldwell - Class Action

10/9/09 - District Mulls Lawsuit's Financial Impact

Click here to view the the filing documents served upon Pioneer

Litigation vs. City of Caldwell - Stormwater

Pioneer Irrigation District has undertaken litigation to stop the City of Caldwell from dumping polluted municipal storm water runoff into irrigation canals via illegal drains. You can find the complete lawsuit filing, as well as the press release on this issue and other informational links below.

Pioneer will provide updates as the process moves forward. Please check back here for updated information.

UPDATE:

3/9/2010 – Trial Update
A portion of the case is currently on appeal by the City of Caldwell with the Idaho Supreme Court. Under appellate rules, the remainder of the District Court proceedings are on hold until the Supreme Court makes a ruling on the portions under appeal. See our update from 10/23/09 below for the ruling that is under appeal.

The Supreme Court has not yet set a date to hear the appeal. When we have a date or updated information, we will post it here.

11/24/09 – Trial Update
The trial between Pioneer Irrigation District and the City of Caldwell was scheduled to begin on 11/23/09.  However, while hearing pre-trial motions, Judge Culet granted the City’s motion for interlocutory appeal on the ruling he made in Pioneer’s favor regarding Idaho Code Section 42-1209 requiring anyone obtain the District’s permission before encroaching into a Pioneer facility (see update from 10/23/09 below).

10/23/09 - Affirmative Court Ruling
Yesterday, Pioneer was awarded an affirmative decision in Canyon County Court. Judge Culet ruled in favor of Pioneer in determining that the City of Caldwell is required to follow an Idaho Code process that requires obtaining written permission from the District for any encroachment into a Pioneer facility.

There are still issues that remain surrounding the urban stormwater, and the trial is scheduled to begin November 23, 2009. However, Pioneer is pleased with yesterday's decision.

11/18/08 - After attending the Summit On Rural & Urban Water Delivery Challenges in October 2008, Pioneer was encouraged by the attendance and discussions, and as a result, authorized Pioneer's attorney to extend a mediation offer to the City of Caldwell, in hopes of putting a cooperative end to litigation. Pioneer's Board of Directors is disappointed to report that the mediation offer was flatly rejected by the City's attorney. Please use the links below for additional information:

IWUA Summit presentations online

Pioneer news release regarding mediation

Letter to City offering mediation and City's rejection letter

Shortly after the Summit, the Idaho Statesman ran a story called: Rural Canals Plus Urban Pavement: A Recipe For Disaster? The Idaho Statesman has given us permission to post the story here for patron information. Please click here to link to the story. This story is being reprinted with the expressed permission of the Idaho Statesman.

Important Informational Links Regarding This Issue: Some of the documents listed below are in PDF format. You need Adobe Reader to view them. If you need Adobe Reader, click here to download free reader software.

Original Lawsuit Filing
Press Release Issued 3-17-08
EPA Informational Pamphlet on Urban Runoff
Photos showing two illustrations of illegal drains
PDF version of Pioneer's powerpoint presentation at the Stormwater & Urban Drainage Summit
Additional News Releases